The Division of Administrative Rules has filed amendments to two of its rules — Rule R15-2 and Rule R15-4 — to make them consistent with the Utah Administrative Rulemaking Act as amended by H.B. 316 (2006), and to clarify specific issues.
With filing No. 29188, the Division is making Rule R15-2 conform to Section 63-46a-12, and is making other changes for clarification. At Section R15-2-2, the Division is adding a new definition for “petitioner.” At Section R15-2-3, the Division is restating the sentence in active voice to clarify who must act. At Section R15-2-4, the Division is clarifying the information a petitioner must provide. At Section R15-2-5, the Division replaces language referring to the old time frame provided by Section 63-46a-12 with a reference to the statute.
With filing No. 29189, the Division is changing Sections R15-4-2, R15-4-4, and R15-4-5. At Section R15-4-2, the Division is adding a new definition for “eRules.” At Section R15-4-4, the Division is removing unnecessary language and is clarifying the scope of the section in its application to counting 30 days for the purposes of Sections 63-46a-4 and 63-46a-6. At Section R15-4-5, the Division is separating provisions addressing Notices of Effective Date for Proposed Rules (now Section R15-4-5a) and Notices of Effective Date for Changes in Proposed Rules (now Section R15-4-5b). The Division is adding language clarifying when the earliest effective date after the close of comment may be. It is also adding language indicating the mechanism by which an agency may formally extend the comment period and clarifying when the earliest effective date may be after the close of extended comment. At Section R15-4-5b, the Division is adding new language requiring that a Change in Proposed Rule for which an agency designates a public comment period must be followed with the seven-day comment consideration period required for a Proposed Rule.
The full text of these proposed amendments will appear in the November 15, 2006, edition of the Utah State Bulletin. Questions regarding these filings may be directed to Ken Hansen (801-538-3764 or khansen “at” utah.gov).